Are data protection laws sufficient for privacy intrusions? the case in Hong Kong

Jojo Y. C. Mo*

*Corresponding author for this work

Research output: Contribution to journalJournal articlepeer-review


An area of concern which relates to privacy intrusions in Hong Kong is the substantial changes that have taken place in recent years in relation to news gathering and reporting and the activities of local paparazzi. The issue that needs to be addressed is how intrusions of privacy can be protected in Hong Kong. The most significant reform to date has been the enactment of the Personal Data (Privacy) Ordinance which provides rules for the fair handling of information about living individuals. However, the Ordinance is concerned only with data protection and does not provide a general privacy right. This article demonstrates the inadequacies of existing legislation for general privacy protection and examines the possibility of developing a separate action for general privacy via a) an action of extended breach of confidence as demonstrated by the UK model and b) a sui generis cause of action as can be seen in the New Zealand courts.

Original languageEnglish
Pages (from-to)429-438
Number of pages10
JournalComputer Law and Security Review
Issue number4
Early online date16 Jul 2014
Publication statusPublished - Aug 2014

Scopus Subject Areas

  • Business, Management and Accounting(all)
  • Computer Networks and Communications
  • Law

User-Defined Keywords

  • Data protection
  • Intrusions of privacy
  • Breach of confidence
  • Privacy tort


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